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    Legal advice needed please

    We rent a property and the landlord put it up for sale 2 months after we moved in. Now we have potential buyers viewing the property and it is really annoying us now as we have 2 young children. There is nothing in the contract regarding the landlord selling the property only we are allowed quiet enjoyment and putting up a for sale/let sign in the last 2 months of tenancy...both of which have been breached!!

    The house also has signs of damp, rot, mould grows, there is bad condensation, slugs and creeky floors and crumbling walls....also which the landlord and letting agent must have known before we moved in...but let it anyway. I think he knew he wanted to sell but got us to sign a year tenancy so he was getting an income and marketing the property at the same time.

    Ive been to the citizens advice...but they couldnt really tell me anything i didnt already know.
    Any advice would be greatly appreciated
    Many Thanks

    12 Comments

    Banned

    then there is nothing in the contract to say you cant be out when they want to send a viewer

    do what they do to you, say im out then, i will call you back (then dont) etc

    Hi,

    I've been in a similar situation to you. My best advice would be to contact the charity Shelter - it turns out they're not just a homeless charity but deal with all sorts of housing issues! Get in touch with them, I certainly found that they couldn't have been more helpful, and most of all they got my situation sorted!

    R

    you don't have to show people round your house, and he can't enter without your permission, unless he has reason to believe there is a safety issue, so you can make it impossible for him to sell. If people just show up refuse to answer the door and put a message on the door respectfully asking people to not repeatedly knowck the door/ring bell as it will disturb you all and drive you mad.

    you could use this as an excuse to terminate your lease early, ie you won't accommodate potential buyers so he can't sell, as it seems it might not be ideal anyway.

    Original Poster

    Thanks might just do that as can't afford a solicitor, the agent charged us £320 for credit/reference checks and a check in fee when we moved in! A total con! A for just a year contract thats just not acceptable. We've paid them to cause us nothing but misery.
    Also they view the property even when we are not in (thought this was acceptable) but who knows as again nothing in the contract. They do give us 24hr notice and we have refused weekend visits but its still invading our privacy! They even had the cheek to ring my partner up today and ask if if was going to be any children in tomorrow when there is a viewing? i intend to find out why they asked that question.

    To the contrary - Accompany every viewing drawing massive attention to the condensation, creeky floors, slugs, crumbling plaster etc etc etc.

    Ha aha ahahahahah

    A landlord has a right of 'reasonable' (key word) access in order to carry out repairs on the property, and even in that instance 24 hours notice must be given. However, in practice contracts give a provision for viewers of a property to be shown around in the last month or two of the tenancy, and this does make sense.

    You mention that there is a provision in your contract for a for sale/to let sign to be put up two months from the end of the tenancy. Is there a provision about people being shown around the property at that time? It helps to fence off the issue if there is, but either way as far as I am aware there is no legal reason why you should allow the landlord to show potential buyers around the house until nearer the end of the tenancy. As wonder-baby said, it goes outside his rights to do that, and you need not give any permission in that regard. Of course having bad relations with the landlord is never advisable, but there is a line to be drawn. And it sounds to me like the landlord in your case is crossing his line.

    Oh, as regards your other question about the state of the house, cast your eye over section 11(3) of the Landlord and Tenant Act 1985, which states that:

    "In determining the standard of repair required by the lessor’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated."

    So basically the standard to which the property has to be maintained by the landlord is all relative, so it might be a little difficult for us to help directly with that. From the off I wouldn't say the creaky floor boards are likely to be something that he should fix, but the other examples may well be. It's generally something of a balancing act between how much these issues affect your ability to enjoy the home, and how much it would cost him to put them right.

    Banned

    :friends: kariparkes

    sorry I cant do more

    "The house also has signs of damp, rot, mould grows, there is bad condensation, slugs and creeky floors and crumbling walls"
    sounds like a sheethole anyway

    id phone the letting company and let them know your not happy
    Have they gave you a reduction on the rent due to the incovenance ?
    Landlords are allowed resonable access to property if they give 24 hours notice but really this applys to checks on the property ie inspection or to do repairs etc pretty sure it does not cover viewings
    i worked in property management and when a landlord decided to sell we either contacted tenents to see if they would be ok with viewings and knocked something of the rent to make up for it
    or adviced landlord tenent was not happy so either give notice or wait till end of tenancy and not renew

    Original Poster

    louloublue;8073969

    id phone the letting company and let them know your not happy Have they … id phone the letting company and let them know your not happy Have they gave you a reduction on the rent due to the incovenance ?Landlords are allowed resonable access to property if they give 24 hours notice but really this applys to checks on the property ie inspection or to do repairs etc pretty sure it does not cover viewingsi worked in property management and when a landlord decided to sell we either contacted tenents to see if they would be ok with viewings and knocked something of the rent to make up for it or adviced landlord tenent was not happy so either give notice or wait till end of tenancy and not renew



    The letting agent didnt even tell us the landlord was selling the property! The first time we knew was when the agent he was getting to sell his property knocked on the door and asked to put a for sale sign up! I rung our letting agent straight away & they said they knew nothing about it! We still had 10 months of our tenancy agreement left! I think he did this on purpose so he could generate an income and market the property at the same time....but i cant do anything to prove that! Cant wait to get away from all this hastle

    Original Poster

    dataload;8073742

    "The house also has signs of damp, rot, mould grows, there is bad … "The house also has signs of damp, rot, mould grows, there is bad condensation, slugs and creeky floors and crumbling walls" sounds like a sheethole anyway



    Yer your right...im in touch with the environmental agency and see what they have to say....if there is rising damp he is ******ed as he can be taken to court if he does not fix the problem
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